The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-01-20
IcontInred from eIrhth PAGE ]


due to the high source from which they emAnat
and doubt not but that many of the suggestion
will commend themselves 10 your favorable col
sideration, and their adoption effect valuable III
prOyements In our laws
THE nAILRoADs
feel II a dIty To call your attention 10 certal
phases of the railway question, and 10 ask you
thoughtful and patriotic consideration thereof
il scarce more than fifty years ago when these ser
wants of commerce and Of the public were who'll
unknown, and yet 80 rapid and marvellous ma
been the progress Of their construction and de
veOpmeht that large percentage OF the wealth o
the world II invested ~ their securities, and thei
powers, Legitimate and usurped, Oyershadow eyei
the m jesty Of government, and frequently def
its authority. II couI scarcely be expected tina
these new and powerful agencies, 40 rapidly de
YelOped, and reyolutisnzing in few short years
the social and business habits of the Ciyilize,
world could be readily adapted 10 the wants am
necessities of the public without frequent fractions
and frequent impOsitiOns, even under the mos
favorable circumstances anQ tue most prudent anC
patriotic management, and in dealing with the
bfablems engendered by this great revolution in
commerce aud transportation, we should remem-
Der that tins and experience are essential agencies
IN aiding ne 10 determine the just aud true sou
lion Of the problem, In bringing about that recipro-
cal understanding and agreement between the PIN.
lie and tue railroads as " the relative rights OF
both, which Is essential
No intelligent citizen can bear hostility TO rail
roads Or 70 the interests of those who have seen
proper to invest their means In their construction
ana operation, ana every IhlT innueu man VIII al
init that these investments are entitled 10 the same
protection ~ Il accorded 10 all ether classes OF
property, anu Reasonable return thereon b. way
Of dividends. There can be no desire on the part
Of any right thinking man to inJ1re or destroy
their Investments, for the grand Work they nave
&C ;omplished in the march OF clYllHIll0p ana u
dnstrial Development aud their absolute heceesty
In the interest Of modern commerce is freely con.
coded even by those who complain most loudly OF
their real or supposed impositiOn5 or eNaCtiOns.
The policy Of our state has been, and still should
be- 10 encourage their continued construction until
all Of the remote parts OF the commonwealth are
brought into easy and Tsyld communication with
each other thus facilitating aud encouraging an
interchange OF products, ideas and associations,
and camsnting more firmly each year the bonds
Weich bind US together as one homogeneous people,
II their property should be rnthlessly a7sailed,
or their operations interfered WITH the state Is
pledged and will cheerfully redeem its Obligation
TO extend the fullest guarantee of security. But
In return for this the state should insist upon per
feet obedience 70 her laws and that loyal allegiance
10 her bshests which - due ana e&acted from every
other class of citizenship.
The manifest intention Of our constitution in the
matter OF railway regulation, thOdgh not expressed
in direct terms was 10 encourage competition and
to discourage or FORBID combinations among these
public agencies.
Until within late years Il was generally believed
that competition the true solution Of the rail
way problem, and that the construction OF new and
competing lines uld gradually bring the matter
of transportation 10 that sound, economical basis
encountered In all other business, and which con
stitutes n check upon monopoly and imposition,
But the science of railway man igement has over
come this fundamental principle of political econ
omy, and has discarded II ~ relic of the barbar
Gus ag'. Gigantic combinations OF wealth and
power have absorbed thousands OF miles OF de
tached or independent railways, and
have consolidated them, practically into one
corporation under one IN ,nagement, and the same
spirit aud skill have determined that there shall be
no railway competition In this state, but that all
ha Ahu articles EDUlrtupTgliD
and divide the prOits upon some basis mutually
agreed upon. In modern phraseology this combi.
nation Is called a "tralhc arrangement, but, IN
fact, IL Ia the same pool denounced by our fore
fathers uld by the courts of all states IN which 1t
has been legally tested.
am aware that It is urged In justification of this
arrangement that 1t tends to oquaiZe rates. espe-
Cially between the larger and smaller shipping
points, aud give stability to legitimate business!
and while the argument IN ths behalf, IL, in my
judgment, specons and delusiye yet, If in fact II
was conclusive, and multiplied other blessings
should flow from II, the spirit of the constitution
and tho law should admOnish IA 10 our duty, which
plainly appears 10 me to be an immediate prohibit
ton OF the practice by the most stringent and he
roc legislation.
II our laws and constitution are wrong they
should be changed, but we should never submit to
have them dehed or set u, naught. Better the un-
settlement of business and the continued Unequal,
ity of rates than this and better the total abolition
OF railroads with all their blessings and benefits
than that few men In a distant locality shOu d
possess ana exercise tne power 10 levy an eNOCtOn
at any moment upon our people by change In
transportation rates, which, If done by the COnsti
tutional authOri les OF the state, would precptae
po iticai revolution, This is the danger which
threatens us and TO which we should address our.
selves with earnestness and urge you as Texans
who are proud Of our fame and jealous of our
honor, to secure for her the proud distinction of
being one Of the states in the Union where the rich
and powerful cannot violate the law without re |
ceiving the same condemnation and punishment |
which Ia meted out TO the poor and weak.
! respectfully suggest to your honorable bodies |
the prjpriety of enacting that hereafter pooling
or combinations between railroads and other com. |
mon carriers shall be deemed unawful and II any |
officer, agent, servant or employe thereof shall en-
ter into or execute any agreement of at charac-
ter, or shall operate asslst In Operat |
ing railroad under such agreement
or shall knowingly aid or assist in the
operation Of railroad under such arrangement,
he shall be deemed guilty of felony, and be i'm
prlsoned in the Penitentiary fora proper term OF
years
Our laws of conspiracy might also be amended
to embrace the same transaction, and thus put a
stop To practice which has frequently been stig-
mati2ed by the courts as Il criminal conspiracy
against the public,
| would also call TO your attention another phase
of the constitution relating to railway regulation
which Ia discrimination. From careful reading
of the first two sections of Article ten (lOJ il would
eeem that our people, In the adoption of their or.
ganic law, were careful 10 enjOin upon the legsla.
lure the duty Of preventing two kinds of diacrmi-
nation:
l. Discrimination by railways against shippers
Discrimination by railways against each other
The first class OF discrimination has received re-
peated attention at the hands of other legislatures,
and the present laws upon that subject may, per.
haps be sufficient 10 afford ample protection To the
public. Hitherto, however the last class seems TO
have escaped legislative attention, and It's impOr.
tan - to Just and equitable system OF trlnsporta
ton Ia apparent If the more powerful corpora
tons eau refuse at their pleasure to interchange
business with their weaker competitors aud
harrass them with onerous determinations, IL Ia
only Il question of time when the weaker corpo.
tian, against their WILL with the stronger, which
IL disastrous To the public. This has already han
pened In our state, and our laws should not admit
nf It's repetition. And, with the prohibition of
mercy of the stronger but should be forced by law
10 do that which they are now doing by voluntary
agreement, which Is TO interch tnge freight and
passengers with eaCh other with due facility I
We have some provisions in our constitution
aimed at this evil which may be found in title 81,
article i21l to 1853 of the revised statutes These
provisions are evidently taken from laws passed
many years ago, and totally mad, quate aud in.
such provisions as may be adapted 10 the preseEt
eXigency.
With these changes in our railway
laws | am OF the opinion that we can
leave To the near futuse the proper solution of our
difficulties and that the legislation
will prove sslu'ary In efecting the desired object
II we can prevent POOLING and thereby force an
honest competition for public business without
against individuals other rail.
ways, we will have made decided progress IN fore
ing our railways 10 I've operated on fair business
and can well afford 10 overlook or ig-
more minor grievances which in time will most
prooably correct themselves The fixing of arhi-
rarY rates by law, will, in my Judgment, ALWAYS
prove failure and would often inure To the disad-
vantage of different localities. And the oryaniza.
ton OF commission with powers either absolute